REPUBLIC ACT NO.

9165 June 7, 2002 PHILIPPINE LAW

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

(q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.

(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such transactions, in violation of this Act.

(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system
of the body, and of the dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to
be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended using any
dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand
pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also found to have in his/her
possession such quantity of any dangerous drug provided for under Section 11 of this Act, in
which case the provisions stated therein shall apply.
 ARTICLE III

In addition to the above stated penalties in this Section, those found to be positive for dangerous
drugs use shall be subject to the provisions of Section 15 of this Act.

EXEMPTION FROM THE LAW.

ARTICLE VII

Participation of Local Government Units

Section 51. Local Government Units' Assistance. – Local government units shall appropriate a
substantial portion of their respective annual budgets to assist in or enhance the enforcement of this
Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug
dependents.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and

Rehabilitation. – A drug dependent or any person who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter
to the Court which shall order that the applicant be examined for drug dependency. If the
examination by a DOH-accredited physician results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six (6)
months: Provided, That a drug dependent may be placed under the care of a DOH-accredited
physician where there is no Center near or accessible to the residence of the drug dependent or
where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-
confinement in a Center will not pose a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which
time the Court, as well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine whether further confinement
will be for the welfare of the drug dependent and his/her family or the community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program, who is finally discharged from confinement,
shall be exempt from the criminal liability under Section 15 of this act subject to the following
conditions:

(1) He/she has complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least eighteen
(18) months following temporary discharge from confinement in the Center or, in the case of
a dependent placed under the care of the DOH-accredited physician, the after-care program
and follow-up schedule formulated by the DSWD and approved by the Board: Provided, That
capability-building of local government social workers shall be undertaken by the DSWD;

PROBLEM ARISES!! KUNG MAGPA GAHI

Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the
Voluntary Submission Program. – Notwithstanding any law, rule and regulation to the contrary, any
person determined and found to be dependent on dangerous drugs shall, upon petition by the Board
or any of its authorized representative, be confined for treatment and rehabilitation in any Center
duly designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center
may be filed by any person authorized by the Board with the Regional Trial Court of the province or
city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a
copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and
to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board. If both physicians conclude that the
respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds
him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which
may be offered. If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event,
the order of discharge or order of confinement or commitment shall be issued not later than fifteen
(15) days from the filing of the appropriate petition.

Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment
and Rehabilitation. – If a person charged with an offense where the imposable penalty is
imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the
court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the
case may be, shall suspend all further proceedings and transmit copies of the record of the case to
the Board.